Bypa-ss LLC, an Egyptian health-technology limited liability company (“Bypa-ss”). Commercial register no.(131544), located at (7 Al Golf Street, Maadi, Cairo, Egypt).
Referred to hereinafter as “Bypa-ss” .
Users having access to their systems (including but not limited to, HealthTag, TagPM, TagRx, TagLab, and TagPH) as service providers, whether physicians, clinic owners, pharmacists, hospital staff, or managers, or any other healthcare practitioner, hereinafter referred to as “Service Provider”.
Both parties shall be referred to herein collectively as “The Parties” and individually as “Party”
Bypa-ss LLC owns an advanced digital medical records platform which empowers health care providers with clinical and financial data to run efficiently and deliver a better quality of care (the “Service”) which can be accessed through the Website (https://www.healthtag.me), mobile, tablet or other applications made available by Bypa-ss. “Service provider ” desires to obtain (the“Service”)
Hence, the two parties acknowledged their eligibility to contract and agreed on the following:
"Content": means, without limitation, any messages, texts, digital files, images, photos, personal profile, artwork, videos, audio, comments, feedback, suggestions and documents, or any other content you upload, transmit or otherwise make available to Bypa-ss and its Service Providers users via the Services.
"You" or "Your": shall refer to the Service Providers as users of the Services.
User: Refers to the end user, patient; HealthTag Card holder.
Service Provider(s): healthcare facilities and healthcare providers Including but not limited to medical professionals, pharmacies, laboratories, hospitals, tele-medicines, e-pharmacies, and all other types of facilities that provide medical services physically and/or digitally.
Service(s): any software, online platform, website, mobile or tablet application or domains used to provide HealthTag or Tag PM or Tag Rx services, including but not limited to HealthTag patient cards, mobile applications, and patient information management system(s).
By virtue of this Agreement, Bypa-ss shall provide Service Providers, its users, as well as those who are acting on their behalf such as, legal guardians, employers or patients with the Service through its platform. The Agreement shall govern the use of the Service upon acceptance of its terms.
2. Eligibility for The Service
By using this Service, you represent and warrant that you or your authorized representative have attained the age of majority where you reside (21 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement ).
If you are using the Service on behalf of another party including, without limitation, a healthcare facility, a healthcare provider, a medical professional, physician, patient or other organization, you represent and warrant that you have authority to act on behalf of that party and to bind that party to this Agreement . If you are using this Service on behalf of a party under the age of majority, you certify that you have the authority to use this Service on their behalf.
2.A.1. HealthTag, TagRx, TagPM, TagLab, TagPH include the tools, features, functions and systems to provide a unified Electronic Health Record (EHR) technology platform for healthcare facilities, medical professionals, physicians and patients, allowing them to upload, store, retrieve and transmit health related information, and otherwise maintain a high-performance, digital based, healthcare information system.
2.A.2. Health related information includes, without limitation, any data and information related to a patient's identity, physical, mental and medical conditions, health and treatment history, and including payment for such treatments.
2.A.4. You, at all times remain solely responsible for the use of the Service by your employees or agents where applicable, and you agree to hold Bypa-ss harmless for any liability or the consequences to you or your employees or agents resulting from your, or their use of the Service.
2.A.5. Any modifications and new features added to the Service are also subject to this Agreement .
2.A.6. All rights, title and interest in and to the Service and its components (including all software, technology, copyrights and other intellectual property rights) will remain with and belong exclusively to Bypa-ss, unless otherwise agreed under any other Agreement signed by the parties.
3. Control of Personal Data, Additional Information and Provided Content
4. Accounts and Registration:
4.a. To access the features of this Service, you will be required to register for an account. You warrant that your information is true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
5. Screening Users
Although we retain the right to do so, Bypa-ss does not screen Users or Service Providers or verify information communicated through the Service. Bypa-ss also retains the right to monitor all communication and information transmitted using our Services. Bypa-ss may, at its sole discretion, take steps to verify your identity and credentials as a health Service Provider at any time. You agree and authorize that we may use and disclose information, including Personal Data about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. Unless otherwise agreed under any other agreement signed by the parties, you agree that we may terminate your access to the Service at any time, without liability to us, if we are unable at any time to determine or verify your qualifications or credentials.
6. Account Management
6.a. Keep Your Password Secure. If you have been issued an account by Bypa-ss in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties in your organization to access your account. You, and not Bypa-ss, are responsible for any activity occurring on your account, including but not limited to incidences where your password has been compromised. If you become aware of any unauthorized access to your account, you should notify Bypa-ss immediately. You shall also conduct internal investigations, where it is determined that such an account has been compromised at your instance and shall be solely responsible for the direct losses incurred by Bypa-ss and others (including patients) due to any unauthorized use of your account.
6.b. You acknowledge that by allowing your representatives, including your employees, agents and patients, to access your Bypa-ss account, you are responsible for ensuring such representatives use the Bypa-ss Service for the purposes for which it is intended and no other. While the Service has certain technical safeguards against misuse, you acknowledge the Service will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Service by any employee or patient to whom you gave access or log in credentials and agree to hold Bypa-ss harmless for any liability or the consequences to you or your employees, agents or patients, resulting from your, or their use of the Service.
6.c. Keep Your Details Accurate. Bypa-ss may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
7. Breach Notification Policy
If you suspect or learn that the security of the Service and the data contained therein has been breached or compromised, you agree to immediately notify us at email@example.com. You agree that the Service Provider, and not Bypa-ss, shall be responsible for the legal consequences for failing to comply with Bypa-ss’s breach notification policy and you shall hold Bypa-ss free from any liability arising from such failure to provide notification following the breach or compromise of the Service data.
8. Exporting Information from the Service; Training and Compliance
8.a. Users are solely responsible for any applicable compliance with laws governing the privacy and security of personal data, including medical or other sensitive data. As a User of our Service, you acknowledge and agree that you are solely responsible for any health-related information exported from the Bypa-ss Service by you or, if you are a healthcare provider, the employees and patients that you allow access through your account. You represent and warrant that you will export and subsequently use protected health information only in accordance with applicable laws and regulations.
9. Data Retention
You are responsible for complying with all applicable laws and regulations related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data where applicable.
10. Term and Termination:
10.A This Agreement shall continue unless you choose to deactivate your account at any time, either by following the deactivation procedures available through the Service, or alternatively, by sending your deactivation request by email to firstname.lastname@example.org.
10.B Bypa-ss reserves all rights to preserve all data related to your account, upon deactivation, or Healthtag Users to preserve the integrity of patient data necessary for the reliable performance of the Services.
11. Cancellation and Refund Policy
Bypa-ss shall not be liable, whatsoever, for any refunds to patients that may arise from cancellation or inability to meet an appointment or cancellations through the use of our Service.
12. Your License, Access and Use of our Services
13. License Restriction
- The rights granted to you in these Terms are subject to restrictions. You therefore agree that you shall not and shall not encourage or authorize any third party to directly or indirectly: (i) copy, publish, distribute, license, sublicense, sell, resell, rent, lease, transfer, assign, host, or otherwise commercially exploit the Services including as a service bureau or outsourcing offering or otherwise access or use the Service other than as expressly permitted hereunder; (ii) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (ii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iii) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (iv) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
14. Accuracy of Information
- We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation, warranty, or guarantee regarding the reliability, completeness, accuracy, or currency of any information on the Service.
- Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information at any time without notice. Provided that such changes shall not affect the Service Provider's ability to access or use the Service.
15. User Content Rights and Related Responsibilities; License
- We may, in our sole discretion, permit you to, from time to time, submit, upload, publish or otherwise make available to us through the Services any Content. You represent and warrant that you own or otherwise control the rights to your Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Bypa-ss and its affiliates for all claims arising from or in connection with any rights in your Content or any damages arising from your Content.
- By submitting Content on or through the Service, you grant Bypa-ss a perpetual, irrevocable, transferable, assignable, worldwide, non-exclusive, royalty-free license (with the right to sublicense through multiple tiers) to access, use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, marketing, promotional, or advertising purposes, and in any and all media now known or hereafter devised, in accordance with applicable laws.
- For us to provide the Service to you, we require that you grant us certain rights with respect to Content, including the ability to edit, process, store and copy Content in order to provide our Services. Your acceptance of the terms mentioned herein gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
- You are solely responsible for your Content, including, without limitation, comments and feedback.
- Bypa-ss may block, remove or return any Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of such Content.
- Service Provider warrants and agrees not to: (i) publish falsehoods or misrepresentations that could cause injury, loss or damage to Bypa-ss, its Users, or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; or (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bypa-ss all of the license rights granted herein.
- Notwithstanding the foregoing, Bypa-ss assumes no responsibility for monitoring the Service for inappropriate content or modifying or removing such content from the Service.
16. Interruption of Service
Unless otherwise stated in a separate written agreement, whether a service level agreement or otherwise, between you and Bypa-ss, your access and use of our Services may be interrupted for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, may elect to take.
17. Third Party Links, Services and Content
18. Disclaimers; No Warranties
SAVE AS OTHERWISE AGREED IN WRITING BY PARTIES, THE PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT ON THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT THROUGH THE SERVICE.
19. LIMITATION OF LIABILITY
EXCEPT AS SET FORTH THIS SECTION, BYPA-SS SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT OR THE DATA, INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF REASONABLY FORESEEABLE.
EXCEPT AS SET FORTH THIS SECTION, THE MAXIMUM AGGREGATE LIABILITY OF BYPA-SS FOR ALL CLAIMS HEREUNDER, CUMULATIVELY, SHALL BE EQUAL TO THE AMOUNTS PAID TO BYPA-SS BY THE SERVICE PROVIDER OR ANY OTHER MAXIMUM AMOUNT SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND BYPA-SS.
THE EXCLUSIONS AND LIMITATIONS OF THIS SECTION SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
20. APPLICABLE LAW AND DISPUTE SETTLEMENT
20.a. You agree that this Agreement and any other contractual obligation between Bypa-ss an d the Service Provider will be governed by the laws of the Arab Republic of Egypt.
20.b. If a dispute or difference arises as to the validity, interpretation, effects or rights and obligations of the Parties under this Agreement , the Parties shall use their best endeavor to reach an amicable settlement of dispute.
20.c. Any legal action or proceeding with respect to these Terms and Conditions shall only be brought in the Economic courts of the Cairo, Arab Republic of Egypt.
21. Changes to the Agreement
Bypa-ss reserves the right to make unilateral changes to this Agreement. The latest version of this Agreement shall be made available on https://www.healthtag.me/en/terms-conditions. By continuing to use the Service you indicate your consent to any and all changes made to these terms.
22. CONTACT INFORMATION
If a Service Provider has any questions concerning Bypa-ss, the Website or application, the terms of this Agreement or anything related to any of the foregoing, Bypa-ss’ Service Provider support can be reached at the following email address: email@example.com.